HomeMy WebLinkAboutOrd.1527.05-02-1994 i� .--a_,
BILL NO. 94-101 ORDINANCE NO. !J,:� �
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AN ENCROACHMENT EASEMENT TO KATHLEEN ANNE
KRAUSKA, FOR PROPERTY AT 810 NORTH MISSOURI,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The Mayor, for and on behalf of the City of Cape
Girardeau, Missouri, is hereby authorized to execute an
Encroachment Easement to Kathleen Anne Krauska for a garage
encroachment at 810 North Missouri, in the City of Cape Girardeau,
Missouri. A copy of said Easement is attached to this Ordinance
and made a part hereof.
ARTICLE 2 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS ��,K�: DAY OF ��e. r , 19�.
A. . Spradling, III, or
ATTEST: -
� ���, �' ��,
� �:Gayl �� L. Conrad
Deputy City Clerk
• .
ENCROACHMENT EASEMENT
This Encroachment Easement made this day of ,
1994, by the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal
Corporation, (Grantor) to and for the benefit of KATHLEEN ANNE
KRAUSKA of Pinellas County, Florida, and her heirs, successors and
assigns (Grantee) .
WITNESSETH:
WHEREAS, Grantor is the owner of a fifteen (15) foot wide
public alley adjacent to Grantee's property as shown on Exhibit "A"
which is attached hereto and incorporated herein by this reference
as though fully set out herein; and
WHEREAS, Grantee is the owner of a house and attached garage
which garage encroaches upon Grantor's alley adjoining Grantee's
property as shown on Exhibit "A" ; and
WHEREAS, Grantor has agreed to grant an Easement to Grantee
for the continued placement and location upon Grantor's property of
said attached garage and for the existence of the encroachment on
Grantor's property upon the terms and conditions herein set forth.
NOW, THEREFORE, in consideration of the sum of One Dollar
($1. 00) and other good and valuable consideration, the receipt and
sufficiency of which are herewith acknowledged by Grantor, Grantor
does hereby GRANT, CONVEY, RELEASE AND REMISE unto Grantee an
encroachment easement on the following described property located
in the City and County of Cape Girardeau, State of Missouri, to-
wit:
A strip of land being a part of the public alley abutting
the North side of Lots 9 and 10 of Monticello Addition as
shown in Plat Book 2 , Page 60 in the City and County of
Cape Girardeau, Missouri, described as follows: Begin at
the Northwest corner of Lot 9, Block 2 of said Monticello
Addition; thence North 8° 00' East along the East line of
Missouri Avenue, 1. 5 feet; thence South 80° 56' 20" East
parallel with the North line of Lots 9 and 10, 120. 0
feet; thence South 8° 00' West, 1. 5 feet to the Northeast
corner of said Lot 10; thence North 80° 56' 20' West
along the North line of Lots 10 and 9, Block 2 of
Monticello Addition, 120. 0 feet to the Point of
Beginning.
Subject to all easements, rights of way, restrictions and
licenses affecting same either written or implied.
for the purposes of the maintenance of Grantee's attached garage
and the encroachment thereon on Grantor's property as said garage
is located and depicted on Exhibit "A" , provided, however, that
nothing herein shall be construed as granting any other rights,
ownership, tenancy or otherwise in and to any portion of Grantor's
property, and Grantee by her acceptance hereof acknowledges the
right and title of Grantor in and to Grantor's property and that
this encroachment easement is being granted solely for the purpose
of granting Grantee the right to maintain her attached garage only
as now located and shown on Exhibit "A" upon Grantor's property
until such time as the garage structure is removed from the
encroachment area for any reason or cause, at which time this
easement will automatically revoke and any right or interest of
Grantee in the encroachment area shall cease and terminate at such
time.
IN WITNESS WHEREOF, Grantor has caused this Encroachment
Easement to be duly executed the day and year first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
A. M. Spradling, III, Mayor
ATTEST:
Gayle L. Conrad
Deputy City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , before me
appeared A. M. Spradling, III, to me personally known, who, being
by me duly sworn, did say that he is the Mayor of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1996